Kerala High Court flags its disquiet at government’s relaxation of certain rules in tree-felling case

Justice K. Haripal oberserves that the apex court has in a catena of decisions held that when the government is competent to amend statutory provisions even retrospectively, it cannot be whittled down by executive orders

Even as the accused in the Muttil tree-felling case were refused bail on Monday, the Kerala High Court flagged its disquiet at the relaxation of certain rules by the government to facilitate tree-felling from government assigned lands. Justice K. Haripal observed that “it is disturbing that statutory provisions are being infringed by issuing executive directions with impunity. (The) apex court has in a catena of decisions held that when the government is competent to amend statutory provisions even retrospectively, it cannot be whittled down by executive orders.” The government order dated 24.10.2020 had allowed assignees of the government land to cut down or fell trees on payment of the value of the timber of the reserved trees. The tree-felling and transportation of logs of rosewood in Wayand allegedly took place under the guise of the order. The order was later cancelled.